CONCANNON v. STATE ROADS COMM.

[No. 141, September Term, 1962.]

231 Md. 87 (1963)

188 A.2d 700

CONCANNON ET UX. v. STATE ROADS COMMISSION OF MARYLAND

Court of Appeals of Maryland.

Decided March 12, 1963.


Attorney(s) appearing for the Case

William F. Mosner and Gordon G. Power for the appellants.

John J. Schuchman and Earl I. Rosenthal, Special Attorneys, with whom were Thomas B. Finan, Attorney General, and Joseph D. Buscher, Special Assistant Attorney General, on the brief, for the appellee.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT, MARBURY and SYBERT, JJ.


SYBERT, J., delivered the opinion of the Court.

The issue in this appeal is whether the State Roads Commission, after it had exercised its right of immediate entry and completed construction of highway improvements, could validly amend its original petition and plat in condemnation proceedings to acquire an area somewhat different from that shown thereon, and require the property owner to refund the value of that part of the land no longer desired by it. The Circuit...

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